Tag Archives: government

Another Reason

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The Straits Times, a Singapore-based e-newspaper, has an interesting piece regarding Europe and exit taxes. The lede bullets include these two items:

  • European countries like Germany, Norway, and Belgium are increasing exit taxes to retain wealthy residents and collect revenue on unrealised capital gains
  • These taxes, levied on individuals leaving with significant assets (e.g., over €500,000 in Germany)…

The e-newspaper is of unknown provenance and reliability, at least to me, so take this with a grain of salt. The claims are entirely plausible, though, given the European nations’ broad range of taxes and high tax rates, and the states’ basic assumption that the money citizens earn is for the state to tax and not actually for the citizens to earn and remit a portion.

If the description is true, though, this is just one more reason for successful folks (not just the wealthy: Germany’s Purchasing Power Parity per capita GDP is €61,800. Those €500,000 in assets is upper middle class) to push the pace on leaving Europe before doing so gets even more financially difficult. The Soviet Union erected an Iron Curtain—literally in some places—in order to keep folks from leaving, so as to keep them working for the state. It looks like Europe is erecting a Euro Wall to keep the folks who earn money from leaving, so as to keep them earning money for the state. How long before they erect a 100% tax Euro Wall?

Mamdani Is Not a Communist

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He says so, and that settles it, doesn’t it? Yet the Progressive-Democratic Party’s candidate for New York City mayor, Zohran Mamdani, has said, much more forcefully, otherwise, and not so long ago, given his youth (he’s only 33).

  • …we need a socialist New York to give these workers their power back….
  • [I]f we want to change the nature of politics in New York State wholesale, it will require bringing in a lot more DSA [Democratic Socialists of America] members
  • [T]here are other issues which we firmly believe…[including] the end goal of seizing the means of production
  • if we want everyone to be full participants in the economy, we need worker ownership of the means of production

And so on.

Mamdani’s denial of his communist status is typical Leftist and Progressive-Democratic Party reliance on their Newspeak dictionary and their parallel rejection of our American English dictionaries.

Ignorance is strength.

Power is in tearing human minds to pieces and putting them together again in new shapes of your own choosing.

Indeed. Our ignorance. Know Betters’ strength. Our minds torn asunder. Know Betters’ choosing.

Judge Shopping

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A Wall Street Journal editorial correctly decried this, and a letter writer to the news outlet’s Letters section correctly included the Northern District of Texas as a particular judge shopping target for bringing suits convenient to the Trump administration. The letter writer also pointed out that, as an attempt to mitigate, if not eliminate judge shopping, the Judicial Conference of the United States, strongly discourag[ed] the practice, and some Federal districts changed their rules to enhance random assignments of their judges—but those rules are District by District.

Lost in this kerfuffle (cynically so, say I given that judges as a group surely know better) is a nation-wide requirement of centuries-long standing [emphasis added]:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed….

And

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

For those of you following along at home, those are from our Constitution’s 6th and 7th Amendments, respectively.

For the quibblers of the lawyer class, the latter is easily extensible by statute to explicitly require the civil suit to occur in the State and district wherein the [cause of the tort] shall have [first occurred].

The ability of Congress to make such a thing explicit is in this nation-wide requirement of equally centuries-long standing:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

The District courts, as creatures of Congress, have their jurisdictional authorities set by Congress. This Congressional power over jurisdictional authority extends to the Supreme Court [emphasis added]:

…the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Again, for those of you following along at home, those are from our Constitution’s Art III, Sect 1, and Art III, Sect 2, respectively.

All that’s required to eliminate judge-shopping is a renewed respect for and enforcement of our Constitution.

There’s a Hint There

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President Donald Trump’s (R) National Security Council is being reorganized and downsized streamlined in a badly needed revamp. One demonstrated need is this:

The goal, according to one official, is to streamline processes within the NSC, which coordinates national security and foreign policy for the president….

This is a continuation of Fiona Hill’s (remember her?) anger over her ad hoc interagency coordination group foreign policy inputs not being obeyed by Trump I. It’s not the NSC’s job—or it should not be—to coordinate national security and foreign policy for the President. It’s the NSC’s job—or it should be—to coordinate national security and foreign policy inputs to the President’s own national security and foreign policy development and decisions.

The move is intended to increase DoD’s and State’s direct involvement in those inputs, and that’s entirely appropriate. Homeland Security’s inputs should be increased, as well, given that that Department was created long after the NSC. The three departments, too, already form—or should form—the core of all of those policy development inputs.

Serious Judicial Error

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Federal District Judge Myong Joun (District of Massachusetts) has issued a preliminary injunction requiring the Trump administration to desist from its moves to dismantle the Department of Education. Fair enough; the Department was created by Congress, the administration can jawbone for its elimination, but only Congress can do so.

Unfortunately, the judge didn’t stop there. He also ordered DoEd to rehire those employees who’d been RIFed as excess to the Department’s needs.

Not only is there no evidence that defendants are pursuing a “legislative goal” or otherwise working with Congress to reach a resolution, but there is also no evidence that the [reduction in force] has actually made the Department more efficient[.]

Judges don’t get to dictate the purpose of agency/Department heads’ firings of employees. RIFs have as their purpose the removal of unneeded employees—the essence of making any government agency more efficient.

Joun gave the lie to his employment ruling by his decision to not say how the RIFs reduced Department efficiency. He simply wholesale-ly accepted the plaintiffs’ (a group of states, school districts, non-profit organizations, and labor unions) claims regarding efficiency and coupled that with his blithe, unsubstantiated rejection of the government’s position.

It gets worse. Joun wrote in his opening

Defendants do acknowledge, as they must, that the Department cannot be shut down without Congress’s approval, yet they simultaneously claim that their legislative goals (obtaining Congressional approval to shut down the Department) are distinct from their administrative goals (improving efficiency). There is nothing in the record to support these contradictory positions.

Even logic doesn’t seem to matter. There’s nothing contradictory in DoEd Secretary Linda McMahon both working with Congress to eliminate the Department while simultaneously working to make the Department more efficient—which she must do while the Department remains in existence.

Beyond that, judges do not get to dictate to a coequal and separate branch what that branch’s employment practices must be. The judge’s role in the present case, his sole legitimate role under our Constitution and his oath of office, is to adjudicate whether these firings comport themselves with statute and with our Constitution.

Activist judges, judges who go beyond that limit, are violating their oaths of office; from that they are not hold[ing] their Offices during good Behavior. That is an impeachable offense.

This one would have been fine, if on disagreeable ground, had he stopped with his order to stop dismantling DoEd. His meddling in Executive Branch employment decisions has gone too far.

Full stop.

Joun’s injunction can be read here.